Legal Question in Military Law in Virginia

AWOL legal rights

Son- 19 yo was in Army NG out of VA. Was in AIT got an Article 15 twice, while waiting on 2nd one to be read to him, he went AWOL out of frustration. He has 3 days to turn self in before he is 30 days out. He thinks he can wait, be DFR , go to Fort Knox and be out processed w/ no consequences , is this true?


Asked on 8/06/07, 4:59 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

Re: AWOL legal rights

Probably not. He will need to go back and see what action they take. They probably will take him to Aricle 15 again and then give him a discharge. However, it is possible that he could be taken to a court-martial although that is probably unlikely. The longer he is gone the greater the chance that they want to punish him for going AWOL. The most likely result is that he would be discharged and released.

Feel free to contact me if you have any further questions.

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Answered on 8/06/07, 5:45 pm


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